Edison, NJ asked in Landlord - Tenant for New Jersey

Q: My landlord failed to give me the notice of security deposit within 30 days, can i use that+interest as last month rent?

I was reading The Rent Security Deposit Act (N.J.S.A. 46:8-19 – N.J.S.A. 46:8-26). We moved in 10 months ago and didn't realize that the landlord failed to provide us the security deposit notice within 30 days and they never did. Now we are planning to move out when the annual lease is about to expire on 10/21. Can we write a letter and demand to have the security deposit plus (7% according to the Act because he failed to provide notice) as last month rent? And not replenish the security deposit till we move out?

Thank you.

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1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
  • Landlord Tenant Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: Yes

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